ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  19 March 2020 DOCKET NUMBER:  AR20180008125 


APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 14 September 1984 to show in: 



•Item 3 (Social Security Number SSN)) xxx-xx-xxxx (further referred to as X) vs xxx-xx-xxxx (further referred to as Y)•Item 24 (Character of Service) –Honorable 



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.Social Security Card

.DD Form 214, Member Copy, ending 14 September 1984

.Department of Veterans Affairs, Rating Decision, dated 26 February 2018



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the ABCMR conducted a substantive review ofthis case and determined it is in the interest of justice to excuse the applicant's failure totimely file.

2.The Board will not consider the portion of the applicant's request pertaining tocorrection of her SSN, as this will be addressed through administrative correction.

3.The applicant states, in effect, she is currently receiving disability compensation fromthe Department of Veterans Affairs (VA) for injuries she sustained during Basic CombatTraining (BCT); therefore, her service should be characterized as "honorable."

4.Her records show that the applicant enlisted in the Regular Army on 24 July 1984.

5.Her DD Form 2-1 (Personnel Qualification Record), shows she entered BCT on
30 July 1984.  While in BCT she was counseled on three occasions.  These counselingstatements show the applicant was well-disciplined, showed good leadership andpotential, and she met most of her training requirements.  However, she had ongoing
personal problems and was unable to meet physical fitness standards.  She also had made several requests to be discharged and her chain of command's concurrence is recorded on each counseling statement. 

6.On 30 August 1984, her commander recommended the applicant be dischargedunder the provisions of the Trainee Discharge Program, for personal problems, inaccordance with Army Regulation (AR) 635-200 (Personnel Separations – EnlistedPersonnel), chapter 11.

7.On the same day, the applicant acknowledged receipt of the notification of dischargeaction.  In doing so she also indicated that:

.she understood, that if approved, she would receive entry level separation withuncharacterized service

.she understood that she could not apply to reenlist for 2 years

.she waived her right to consult with counsel and did not desire to make astatement on her behalf

.she did not desire a separation physical



8.On 5 September 1984, the separation authority approved the applicant's dischargeunder the provisions of AR 635-200, chapter 11, Entry Level Performance and Conduct,and directed the applicant's discharge under the Trainee Discharge Program.

9.On 14 September 1984, she was discharged accordingly.  She was credited withcompleting 1 month and 21 days of total active service.  Her DD Form 214 shows in:

.Item 24 – Entry Level Status

.Item 28 (Narrative Reason for Separation) –Entry Level Status Performance andConduct



10.The applicant provides her VA Rating, dated 26 February 2018, showing she wasgranted, with an evaluation of 10 percent disability rating for lateral collateral ligamentsprain, left ankle and 10 percent disability rating for lateral collateral ligament sprain, rightankle.

11.Regulatory guidance, in effect at the time, stated Soldiers unable or unwilling to adaptto military life, and that had completed no more than 180 days of military service, would beseparated with an entry-level separation and their service classified as "uncharacterized."





BOARD DISCUSSION: 

After review of the application and all evidence, the Board determined that there is sufficient evidence to grant partial relief.   

1.Regarding the applicant’s request to correct her SSN, the Board agreed with theAOR’s corrections in Administrative Notes (below the signature).

2.Regarding the applicant’s request to change her character of service to Honorable,the Board found insufficient evidence to grant relief.

a.The governing regulation provides that a separation will be described as an entry-level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status.  As such, his DD Form 214 properly shows his service as uncharacterized. 

b.An uncharacterized discharge is not meant to be a negative reflection of aSoldier’s military service.  It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  As a result, there is no basis for granting the applicant's request.   


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

:XX :XX :XX GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

1.The Board determined the evidence presented is sufficient to warrant arecommendation for partial relief.  As a result, the Board recommends correcting therecord per Administrative Notes (below the signature).

2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief.  As a result, the Board recommends denial of so much ofthe application that pertains to an Honorable discharge.



X CHAIRPERSON

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. 


ADMINISTRATIVE NOTE(S): 

1.The SSN listed in the applicant's military record differs by one number whencompared with the SSN listed on her social security card.  In addition, her recordcontains a civilian college transcript, which lists the SSN listed on her social securitycard.

2.This evidence is sufficient to correct Item 3 of her DD Form 214, ending on
14 September 1984, to show the SSN listed on her social security card.


REFERENCES: 

1.Title 10, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3 year statute of limitations if the Army Board forCorrection of Military Records (ABCMR) determines it would be in the interest of justiceto do so.

2.Army Regulation 635-200 (Personnel Separations Enlisted Personnel), in effect at thetime, sets forth the basic authority for the separation of enlisted personnel.

a.Chapter 11 provides for the separation of Soldiers in an entry-level status (lessthan 180 days of creditable active service from the date of the initiation of the separation action) who have demonstrated they are not qualified for retention.  Specifically cited as 
an example, which would render an individual not qualified for retention, were those Soldiers who "cannot or will not adapt socially or emotionally to military life."  Individuals discharged under the provisions of chapter 11 received an "entry level  
and conduct" statement as the narrative reason for their separation.  The service of these Soldiers was uncharacterized. 
 
     b.  An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. 
 
     c.  A general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 
 
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